Loading...
Findings - DR - 2017 - DR-25-17 - Construct Office Building In Rocky Mountain Business ParkBEFORE THE EAGLE DESIGN REVIEW BOARD IN THE MATTER OF AN APPLICATION FOR A ) DESIGN REVIEW TO CONSTRUCT AN OFFICE ) BUILDING WITHIN ROCKY MOUNTAIN ) BUSINESS PARK FOR DENNIS WERNER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER DR -25-17 The above -entitled design review application came before the Eagle Design Review Board for their action on June 22, 2017. The Design Review Board having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Dennis Werner, represented by Ted Martinez with Tradewinds General Contracting, is requesting design review approval to construct a 2,830 -square foot office building. The 0.58 -acre site is located on the south side of East Iron Eagle Drive approximately 120 -feet east of South Fitness Place at 1071 East Iron Eagle Drive (Lot 2, Block 1, Inland Subdivision No. 1). B. APPLICATION SUBMITTAL: The City of Eagle received the application for this item on May 25, 2017. Revised site and landscape plans were submitted on June 8, 2017. C. NOTICE OF AGENCIES' REVIEW: Requests for agencies' reviews were transmitted on June 1, 2017, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 25, 1998, the Eagle City Council approved a preliminary plat for Rocky Mountain Business Park consisting of 26 lots on approximately 40 -acres (CU-04-98/PPUD-01-98/PP-03-98). On June 8, 1999, the Eagle City Council approved the final plats for Rocky Mountain Business Park Nos. 1 and 2 (FPUD-02 & 3-99 and FP -07 & 8-99). On September 27, 2005, the Eagle City Council approved a combined preliminary and final plat for Erland Subdivision No.1(PP/FP-03-05). The final plat was recorded at the county as Inland Subdivision No. 1. On March 28, 2006, the Eagle City Council approved the vacation of a ten foot (10') wide public utility easement within Erland Subdivision No.1 (VAC -03-05). The final plat was recorded at the county as Inland Subdivision No. 1. On July 13, 2006, the Eagle City Council approved a master sign plan for two multi -tenant office buildings within Inland Subdivision (DR -48-06). On August 8, 2006, the Eagle City Council approve a design review application for two multi -tenant office buildings and common area landscaping (DR -47-06). On January 9, 2017, Eagle City Staff approved a design review application to modify the master sign plan for Inland Subdivision (DR -48-06 MOD). Page 1 of 12 KAPlanning Dept\Eagle Applications\Dr120ITDR-25-17 DAV Office Bldg in RMBP drfdocx E. COMPANION APPLICATIONS: None. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Mixed Use No Change Mixed Use MU (Mixed Use) No Change MU (Mixed Use) South of site Mixed Use Mixed Use East of site Mixed Use MU (Mixed Use) West of site Mixed Use MU (Mixed Use) Multi -tenant office/restaurant building G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. EXISTING S1'1'h CHARACTERISTICS: The site has been developed with curb, gutter, separated sidewalk, street trees, street lights, and common drive aisles for Inland Subdivision. I. SITE DATA: Vacant lot Office building Pacific Heights Subdivision Multi -tenant building Office building SITE DATA PROPOSED Total Acreage of Site 0.58 -acres (25,584 -SF) Percentage of Site Devoted 11% (approximately) to Building Coverage Percentage of Site Devoted 63% (approximately) to Landscaping Number of Parking Spaces 13 -parking spaces Front Setback 20 -feet (North) Rear Setback 30 -feet (South) Side Setback 721 -feet (East) Side Setback 74 -feet (West) REQUIRED 7,000 -square feet (0.16 -acres) 50% (maximum) 10% (minimum) 12 -parking spaces (minimum) 20 -feet (minimum) 20 -feet (minimum) 7.5 -feet (minimum) 7.5 -feet (minimum) J. GENERAL Sl'1'E DESIGN FEATURES: Number and Uses of Proposed Buildings: The applicant is proposing to construct one (1) building to be utilized as an office building. Height and Number of Stories of Proposed Buildings: The applicant is proposing an approximately twenty-one foot (21') high single -story structure. Gross Floor Area of Proposed Buildings: Page 2 of 12 K:\Planning Dept\Eagle Applications\Dr\20ITDR-25-17 DJW Office Bldg in RMBP drf.docx The proposed automotive body shop is approximately 2,830 -square feet. On and Off -Site Circulation: A 6,500 -square foot (approximately) paved parking lot provides parking for vehicles using this site. One 25 -foot wide shared driveway is located on the west property line and shared with the property to the west of this site and the properties south of this site. K. BUILDING DESIGN FEATURES: Roof: Asphalt shingles (Shadow Gray) Walls: Stucco (Realist Beige), Cultured Stone (Hazel Stone) Windows/Doors: Vinyl windows (Bronze) Fascia/Trim: Hardiboard (Cobble Brown) L. LANDSCAPING DESIGN: Retention of Existing Trees and Preservation Methods: There are existing trees located between the sidewalk and East Iron Eagle Drive. Tree Replacement Calculations: N/A Proposed Tree Mix (Species & Number): To be reviewed by the Design Review Board. Street Trees: Street trees exists along East Iron Eagle Drive. Maintenance Provisions and Proposed Irrigation Methods: Automatic irrigation required. Transition Zones: N/A Parking Lot Landscaping: a. Perimeter Landscaping: Perimeter landscaping is not proposed around the perimeter of the parking lot due to the shared access drive aisles on the west and south. b. Interior Landscaping: 5% interior landscaping is required, 12% is proposed. M. TRASH ENCLOSURES: The application indicates there is an existing trash enclosure; however, staff does not see a trash enclosure located on this site. There is an existing trash enclosure located near the southeast corner of the building located south of this site. If the applicant is to use the trash enclosure located on the property to the south of this site, the applicant will need to enter into a joint/shared trash enclosure agreement with the property owner to the south. N. MECHANICAL UNITS: The application indicates a ground mounted mechanical unit is to be located on the west building elevation; however, neither the site or landscape plan show any ground mounted mechanical units. O. OUTDOOR LIGHTING: A site and parking lot light plan showing location, height, and wattage is required to be reviewed and approved by the Zoning Administrator prior to issuance of any building permits. P. SIGNAGE: No signs are proposed with this application. A separate design review application is required to be reviewed and approved prior to any signs being constructed on the building or site. Page 3 of 12 K:\Planning Dept\Eagle Applications\Dr\20171DR-25-17 DJW Office Bldg in RMBP drf.docx Q. PUBLIC SERVICES AVAILABLE: A preliminary approval letter from Eagle Fire Department has been received by the City. A water service approval has not been received to date. Approval of the water company having jurisdiction will be required prior to issuance of a building permit. R. PUBLIC USES PROPOSED: None. S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists T. SPECIAL ON -STYE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - unknown Wildlife Habitat - no U. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. V. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Eagle Fire Department Tesoro Logistics NW Pipeline W. LEI I ERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as Mixed Use. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7(J)(2)(c) To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any commercial or industrial activity, and off street loading when adjacent to or in view from a residential activity or public street right of way, a five foot (5') wide by six foot (6') high landscaped buffer is required. • Eagle City Code Section 8 -2A -7(J)(3) Materials: Page 4 of 12 K:\Planning Dept\Eagle Applications\Dt12017\DR-25-17 DJW Office Bldg in RMBP drf.docx a. All buffer areas shall be comprised of, but not limited to, a mix of evergreen and deciduous trees, shrubs, and ground cover in which evergreen plant materials comprise a minimum of sixty percent (60%) of the total plant material used. b. Height requirements shall be accomplished with plant material, with a fence or decorative wall. c. The required buffer area shall result in an effective barrier within three (3) years and be maintained such that sixty percent (60%) or more of the vertical surface is closed and prevents the passage of vision through it. d. Chainlink fencing, with slats or otherwise, and cedar fencing is prohibited for screening. • Eagle City Code Section 8 -2A -7(K)(2) 2. Parking Lot Landscape Strip: A landscape strip shall be provided when a parking lot is located adjacent to a public right of way. The landscaped strip shall serve to shield views of parked cars to passing motorists and pedestrians, and to establish coordination among architecturally diverse buildings, which creates a pleasing, harmonious appearance along the roadway. Four (4) options are provided for fulfilling this requirement: a. Provide a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and ten (10) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. b. Provide an earth berm of thirty inches (30") minimum height (do not exceed 3:1 slope) within a ten foot (10') wide landscaped strip between the right of way and the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. c. Provide a six foot (6') landscaped strip with a minimum thirty inch (30") grade drop from the right of way to the parking lot, and plant with a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. d. Provide a three foot (3') high fence of wood, brick, stone, or decorative block or concrete along with a four foot (4') wide landscaped strip between the right of way and the parking lot, and plant a minimum of one shade tree and five (5) shrubs per thirty five (35) linear feet of frontage, excluding driveway openings. (1) The board may waive the requirement for a wood, brick, stone, decorative block or concrete fence if the board finds the following: (A) The applicant must design, document, and obtain city approval representing that the overall planting design, at the time of planting, results in an effective barrier such that the landscape strip shields the view of parked cars from passing pedestrians and motorists; and (B) Any such proposed design alternative is compatible with the overall site design of the entire project and is compatible with the surrounding area. • Eagle City Code Section 8-4-4-6: Bicycle Parking: One bicycle parking space within an approved rack shall be required for each thirty (30) required automobile parking spaces or fraction thereof for office and commercial developments. Multi- family residential developments shall provide one bicycle rack space per each ten (10) units. Bicycle parking racks shall be in a well lit area, and shall be designed in accordance with the parking facility criteria of the "Bicycle -Pedestrian Design Manual For Ada County" as prepared for the Ada County highway district with the exception that bicycle racks do not have to be Page 5 of 12 K1Planning Dept\Eagle Applications\Dt1201TDR-25-17 DM Office Bldg in RMBP drf.docx covered unless required by the design review board, or planning and zoning commission or city council. C. DISCUSSION: • The applicant is requesting design review approval to construct an office building within Rocky Mountain Business Park. The applicant's justification letter, date stamped by the city on May 25, 2017, describes the building as blending well with the surrounding buildings with the use of stucco, stone, architectural shingles, and neutral colors. The applicant has not specified which architectural style the building will comply with in the EASD book. Staff defers comment regarding the building design and colors to the Design Review Board. • The site plan, date stamped by the city on June 8, 2017, shows two (2) parking spaces to be located two feet (2') south of the meandering sidewalk along East Iron Eagle Drive. Pursuant to Eagle City Code, a landscape strip is required to be provided when a parking lot is located adjacent to a public right of way. The landscaped strip is to shield views of parked cars to passing motorists and pedestrian. The applicant should be required to provide a revised landscape plan showing the two (2) parking spaces, located two feet (2') south of the meandering sidewalk along East Iron Eagle Drive, to be screened by landscaping in compliance with Eagle City Code Section 8 -2A -7(K)(2). The revised landscape plan should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. • The application indicates there is an existing trash enclosure; however, staff does not see a trash enclosure located on this site. There is an existing trash enclosure located near the southeast corner of the building located south of this site. If the applicant is to use the trash enclosure located on the property located to the south of this site, the applicant will be required to enter into a joint/shared trash enclosure agreement with the property owner to the south to share the trash enclosure located on the property to the south. A joint/shared trash enclosure agreement should be entered into prior to the issuance of a zoning certificate. OR If the applicant decides to construct a trash enclosure on the subject site, the applicant should be required to provide a revised site and landscape plan showing the location of a trash enclosure located on this site with the required landscape buffer. Detailed elevation plans showing the height, size, materials, and colors to be used in the construction of the enclosure should be submitted for review and approval. The revised site and landscape plans and detailed elevations of the trash enclosure should be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. • The application indicates that ground mounted mechanical units are to be located on the west building elevation; however, none of the plans show the location of the ground mounted mechanical unit. The applicant should be required to provide a revised site and landscape plan showing the location of all ground mounted mechanical units and how they will be screened from view by landscaping or a screen wall and landscaping. The revised site and landscape plans should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. • Pursuant to Eagle City Code, one bicycle parking space for each thirty (30) required automobile parking spaces is required to be provided on-site. The applicant should be required to provide a revised site plan showing the location of a bike rack. Detailed cut sheets showing the size, height, color, etc. should be submitted. The revised site plan and detailed cut sheets should be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. Page 6 of 12 K:\Planning Dept\Eagle Applications\Dr\20ITDR-25-17 DM Office Bldg in RMBP drf.docx STAFF RECOMMENDATION PROVIDED WITHIN THE REPORT: Based upon the information provided to staff to date, staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC MEETING OF THE BOARD: A. A meeting to consider the application was held before the Design Review Board on June 22, 2017, at which time the Board made their decision. B. Oral testimony in opposition to this proposal was presented to the Design Review Board by no one. C. Oral testimony in favor of this proposal was presented to the Design Review Board by no one (not including the applicant/representative). BOARD DECISION: The Board voted 6 to 0 (Koci absent) to approve DR -25-17 for a design review application to construct an office building for Dennis Werner, with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added and text shown with strike thru to be deleted by the Board. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of Inland Subdivision (PP/FP-03-05). 2. Provide a revised landscape plan showing the two (2) parking spaces, located two feet (2') south of the meandering sidewalk along East Iron Eagle Drive, to be constructed as compact narking snaces. The two (2) compact narking spaces shall be screened by a six foot (6') wide densely planted landscane area - .. _ • . The landscape island located on the west side of the two (2) compact spaces shall be made wider and shall be planted with shrubs. The revised landscape plan shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 3. Enter into a joint/shared trash enclosure agreement with the property owner to the south to share the trash enclosure located on the property to the south of this site. A joint/shared trash enclosure agreement shall be entered into prior to the issuance of a zoning certificate. OR Provide a revised site and landscape plan showing the location of a trash enclosure located on this site with the required landscape buffer. Detailed elevation plans showing the height, size, materials, and colors to be used in the construction of the enclosure shall be submitted for review and approval. The revised site and landscape plans and detailed elevations of the trash enclosure shall be reviewed and approved by staff and two (2) members of the Design Review Board prior to the issuance of a zoning certificate. 4. Provide a revised site and landscape plan showing the location of all ground mounted mechanical units and how they will be screened from view by landscaping or a screen wall and landscaping. The revised site and landscape plans shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 5. Provide a revised site plan showing the location of a bike rack. Detailed cut sheets showing the size, height, color, etc. shall be submitted. The revised site plan and detailed cut sheets shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 6. A design review application shall be submitted to the City for review and approval of any future buildings or building additions. Page 7 of 12 K:\Planning Dept\Eagle Applications\Dr\2017\DR-25-17 DJW Office Bldg in RMBP drf.docz 7. All ground mounted transformers, cable, and phone boxes shall be screened by landscaping per Eagle City Code. 8. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the issuance of a zoning certificate and/or upon receipt of an invoice by the City, whichever occurs first. 9. The applicant shall be required to comply with any applicable conditions placed on this application by the City Engineer. 10. Submit payment to the City for the Planning and Zoning plan review at the time of building permit submittal. 11. Paint all electrical meters, phone boxes, etc. located on the building to match the color of the building. 12. No signs are proposed with this application and none are approved. 13. Provide a revised site plan showing the pedestrian ramps are in compliance with ADA requirements. The revised site plan shall be reviewed and approved by staff and one member of the Design Review Board prior to the issuance of a zoning certificate. 14. Ground mounted mechanical units are prohibited to be located on the north building elevation. 15. Provide a revised landscape plan providing plant material on the north building elevation that has more diversity of plant species as well as plant material with greater height. The placement of the plant material shall correspond with the location of the windows and blank walls. The revised landscape elan shall be reviewed and approved bv staff and one member of the Design Review Board prior to the issuance of a zoning certificate. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of a Zoning Certificate for this site. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources and shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. Page 8 of 12 K:\Planning Dept\Eagle Applcations\Dt\2017\DR-25-17 DAV Office Bldg in RMBP drf.docx 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 9. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, or other irrigation entity associated with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written approval from the irrigation entity prior to the City Clerk signing the final plat. 10. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to issuance of any Certificate of Occupancy. 11. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 12. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 13. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Page 9 of 12 K:\Planning Dept\Eagle Applications\Dr\2017\DR-25-17 DAV Office Bldg in RMBP drf.docx Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. "The applicant has made arrangements to comply with all requirements of the Fire Department." b. The fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 -square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 14. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Park and Pathway Development Committee for a path or walkway shall be approved in writing by the Eagle City Park and Pathway Development Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 15. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Park and Pathway Development Committee and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 19. Basements in the flood plain are prohibited. 20. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the City Council. 21. New plans, which incorporate any required changes, shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and the City Council for review and approval. 22. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. 23. Any modification of the approved design review plans, including, but not limited to building design, location and details, landscaping, parking, and circulation, must be approved prior to construction/ installation of such changes. Failure to do so may result in the requirement to modify the project to comply with the approved design review and/or result in the inability to issue a final approval for Page 10 of 12 K:\Planning Dept\Eagle Applications \D? 2017\DR-25-17 DJW Office Bldg in RMBP drf docx occupancy of this project. 24. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the City of Eagle of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 25. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review if construction has not started prior to that date, as stipulated in Eagle City Code (one year from approval date). 26. All ground -mounted accent lighting fixtures and monument sign lighting fixtures shall be screened from view with the use of landscaping (top of the fixture shall be no higher than the surrounding landscaping). The light source itself shall otherwise be screened as provided for within Eagle City Code. 27. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The Board reviewed the particular facts and circumstances of this proposed design review application (DR -25-17) with regard to the Eagle City Code Title 8, Chapter 2, Article A, DR Design Review Overlay District, and based upon the information provided with the conditions required herein, concludes that the proposed design review application is in accordance with the Eagle City Code and the Eagle Comprehensive Plan. 2. The Board reviewed the particular facts and circumstances of the proposed design review in terms of Eagle City Code 8-2A-13, "General Standards For Design Review" and has concluded that the proposed design review: A. Will function in conformance with the applicable strategies of the Eagle Comprehensive Plan and is in accordance with the regulations of this code since there are no inconsistencies with the comprehensive plan and an office building is permitted with the approval of a design review application within the MU (Mixed Use) zoning district; B. Is of a scale, intensity, and character that is in harmony with existing conforming and planned development in the vicinity of the site since the building is designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area; C. Is designed with adequate off street parking facilities in such a way as to not interfere with ingress/egress to the site and will serve the intended use so as to not cause conflict with adjacent uses as anticipated within the zoning district since the site meets the required parking for an office and the drive aisles have been design in conformance with Eagle City Code 8-4-5; D. Will not interfere with the visual character, quality, or appearance of the surrounding area and city, and where possible, enhance the continuity of thematically common architectural features since the proposed building has been designed with quality materials and similar features utilized on other buildings within the development and will enhance the character of the area; E. Will have facades, features, and other physical improvements that are designed as a whole, when viewed alone as well as in relationship to surrounding buildings and settings since the proposed building has been designed with quality materials and similar features utilized on other buildings within the development and is in conformance with the Eagle Site and Architecture Design manual; Page 11 of 12 K\Planning DeptEagle Applications\Dr\2017\DR-25-17 DJW Office Bldg in RMBP drfdocx F. Will not obstruct views and vistas as they pertain to the urban environment and in relation to artistic considerations since the proposed building is in conformance with the required setbacks and height restrictions; G. Will provide safe and convenient access to the property for both vehicles and pedestrians through patterned traffic circulation and connectivity to abutting sites since the applicant has provided pedestrian circulation and the parking lot has been design with connectivity to the adjacent sites; H. Is in the interest of public health, safety, and general welfare promoting a pedestrian friendly and walkable environment in balance with protecting a viable commercial center in the area; and I. Will have signs, if proposed, that are harmonious with the architectural design of the building and adjacent buildings, and will not cover or detract from desirable architectural features. DATED this 13th day of July 2017. DESIGN REVIEW BOARD OF THE CITY OF EAGLE Ada County, Idaho Robert Gruhairman U Sharon K. Bergmann, Eagle City Clerk Page 12 of 12 K:\Planning Dept\Eagle Applications\Dt\2017\DR-25-17 DJW Office Bldg in RMBP drf.docx